By Dale Gribow
The Indio Court is always inundated with DUI’s cases during the months of February and March. This happens because the season’s holiday and Super Bowl party DUI arrests are set for court a month or two after the date of the arrest.
Most drivers mistakenly believe they were not drunk and thus they should win their case. They mistakenly believe they did not deserve to be charged with a DUI. If there is a moderate amount of alcohol on your breath you could become a victim of an overzealous police officer…though that happens less often in the CV.
The bottom line is that if you have been drinking there is good chance you will be arrested. The first mistake is that drivers do not realize it is not the number of drinks but rather the amount of alcohol in each drink that is determinative as well as one’s weight.
It is a mistake for drivers to talk to the officers. Drivers should be respectful and courteously explain that their lawyer advised them not to talk without the attorneys ok. Ask them to call your attorney, Dale Gribow at 760 837 7500, and if he ok’s it, then you are happy to talk. You are mistaken if you do not fully cooperate and show the officer your driver’s license and insurance.
Drivers are not aware, unless they read my CV Weekly legal column, that the Field Sobriety (FST) and Breath Test at the scene are optional (unless you are under 21 or are on probation). They mistakenly believe they have to take the walk the line, finger to nose, reciting the alphabet backwards and other so called sobriety tests.
Drivers are mistaken if they do not politely explain they want to cooperate with law enforcement and are willing to do anything that is mandatory. They should explain they understand the FST tests are elective and they elect not to take them, but are happy to cooperate and take a Blood test.
DUI drivers mistakenly believe they merely have to appear in court on the date on the bottom of the arrest citation. A DUI kicks in two proceedings, the court and DMV. Drivers are mistaken when they do not realize that DMV must be contacted within 10 days. Not only does the hearing have to be requested within 10 days but if the driver does not ask for a STAY on the suspension, they made another mistake. This is because their license will be suspended after 30 days. The stay provides a temporary license which is good until the DMV matter is resolved.
Drivers mistakenly believe they will never encounter a checkpoint or a saturation patrols. Most drivers have heard of checkpoints but not saturation patrols. Both have to meet the proper lawful and constitutional protocols to succeed. The idea behind a saturation patrol is that a large number of law enforcement officers will “make their presence known” by conducting stops, targeting inebriated, distracted, aggressive and speeding drivers, as well as those with seatbelt or cell phone violations….the whole nine yards of traffic violations.
With a checkpoint, you are mistaken if you think the officer must have probable cause to stop you. Normally an officer must have a reason to pull you over. At a sobriety checkpoint anybody can be stopped and requested to take a breath test. However, this does not mean your rights were compromised if you failed a breath test or a sobriety test at a checkpoint. There are procedures and guidelines that all officers at checkpoints must follow for the DUI test to be valid.
If you drank and drove you clearly made the biggest mistake of your life. Don’t make another mistake by hiring an attorney from out town who does not know the local DMV Hearing Officers, the DA’s and the Judges. The newest mistake you can make is not taking down your social media because you are providing the DA’s with all the information they would need to learn about you and your friends. You mistakenly allow them to contact your friends and read about drinking issues that you post on Facebook.
Don’t make a MISTAKE and DRINK AND DRIVE. Take a taxi…it is a lot cheaper than calling me.
But if you do Drink and Drive, you are mistaken if you do not realize we also SUE Drunk Drivers that injure our clients.
If you have any questions regarding this column or ideas for future columns please contact Dale Gribow Attorney at Law at his NEW number 760 837 7500 and or his new email: dale@dalegribowlaw.com
Dale Gribow
1) TOP LAWYER DUI rating by Palm Springs Life every year.
2) Perfect AVVO 10.0 Peer Review Rating by fellow attorneys
3) Preeminent Rating by Martindale Hubbell legal directory.
4) Selected for Best Attorneys of America (Limited to Top 100 Attorneys in each state.
5) Man of the Year 7 times- including the City of Palm Desert and the City of Hope.
6) Dale Gribow Day proclaimed 4 x’s.
